Anda di halaman 1dari 14

9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

 
 
 
 

G.R. No. 189851. June 22, 2016.*


 
INTEC CEBU, INC., AKIHIKO KAMBAYASHI and
WATARU SATO, petitioners, vs. HON. COURT OF
APPEALS, ROWENA REYES, ROWENA ODIONG,
HYDEE AYUDA, TERESITA BERIDO, CRISTINA
LABAPIZ, GEMMA JUMAO­AS, SIGMARINGA BAROLO,
LIGAYA B. ANADON, DONALINE DELA TORRE, JOY P.
LOMOD, JACQUELINE A. FLORES, SUSAN T. ALIÑO,
ANALYN P. ABALLE, CAROLINE A. LABATOS, LENITH
F. ROMANO, LEONILA B. FLORES, CECILIA G.
PAPELLERO, AGNES C. CASIO, VIOLETA O.
MATCHETE, CANDIDA I. CRUJIDO, CLAUDIA B.
CUTAMORA, ROSALIE R. POLICIOS, GENELYN C.
MUÑEZ, ALOME MIGUE, ELSIE ALCOS, LYDIALYN B.
GODINEZ and MYRNA S. LOGAOS, respondents.

Labor Law; Termination of Employment; Constructive


Dismissal; Constructive dismissal occurs when there is cessation of
work because continued employment is rendered impossible,
unreasonable or unlikely; when there is a demotion in rank or
diminution in pay or both; or when a clear discrimination,
insensibility, or disdain by an employer becomes unbearable to the
employee.—Intec committed illegal reduction of work hours.
Constructive dismissal occurs when there is cessation of work
because continued employment is rendered impossible,
unreasonable or unlikely; when there is a demotion in rank or
diminution in pay or both; or when a clear discrimination,
insensibility, or disdain by an employer becomes unbearable to
the employee. Intec’s unilateral and arbitrary reduction of the
work day scheme had significantly greatly reduced respondents’
salaries thereby rendering it liable for constructive dismissal.
Same; Same; Abandonment; It is a settled doctrine that the
filing of a complaint for illegal dismissal is inconsistent with
abandonment of employment. An employee who takes steps to
protest his dismissal cannot logically be said to have abandoned
his work.—There is no merit to Intec’s charge of abandonment
http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 1/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

against respondents. To constitute abandonment, there must be


clear proof of de­

_______________

*  THIRD DIVISION.

 
 
267

VOL. 794, JUNE 22, 2016 267


Intec Cebu, Inc. vs. Court of Appeals

liberate and unjustified intent to sever the employer­


employee relationship. Clearly, the operative act is still the
employee’s ultimate act of putting an end to his employment.
Furthermore, it is a settled doctrine that the filing of a complaint
for illegal dismissal is inconsistent with abandonment of
employment. An employee who takes steps to protest his
dismissal cannot logically be said to have abandoned his work.
The filing of such complaint is proof enough of his desire to return
to work, thus negating any suggestion of abandonment. We affirm
the Court of Appeals’ finding that there is no proof that
respondents committed unauthorized absences or had otherwise
refused to work. The complaint for constructive dismissal is the
best evidence against abandonment because the filing of a
complaint for illegal dismissal is incompatible to abandonment.
Remedial Law; Special Civil Actions; Certiorari; Requisites
for Certiorari to Prosper.—We note that Intec availed of the wrong
mode of appeal. For certiorari to prosper, the following requisites
must concur: (1) the writ is directed against a tribunal, a board or
any officer exercising judicial or quasi­judicial functions; (2) such
tribunal, board or officer has acted without or in excess of
jurisdiction, or with grave abuse of discretion amounting to lack
or excess of jurisdiction; and (3) there is no appeal or any plain,
speedy and adequate remedy in the ordinary course of law.
Same; Same; Same; Well­settled is the rule that a petition for
certiorari against a court which has jurisdiction over a case will
prosper only if grave abuse of discretion is manifested.—Well­
settled is the rule that a petition for certiorari against a court
which has jurisdiction over a case will prosper only if grave abuse
of discretion is manifested. The burden is on the part of the
petitioner to prove not merely reversible error, but grave abuse of
discretion amounting to lack or excess of jurisdiction on the part
of the public respondent issuing the impugned order. Mere abuse

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 2/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

of discretion is not enough; it must be grave. The term grave


abuse of discretion is defined as a capricious and whimsical
exercise of judgment so patent and gross as to amount to an
evasion of a positive duty or a virtual refusal to perform a duty
enjoined by law, as where the power is exercised in an arbitrary
and despotic manner because of passion or hostility.
Same; Same; Same; A writ of certiorari will not issue where
the remedy of appeal is available to the aggrieved party.—A writ of
cer­

 
 
268

268 SUPREME COURT REPORTS ANNOTATED


Intec Cebu, Inc. vs. Court of Appeals

tiorari will not issue where the remedy of appeal is available


to the aggrieved party. In this case, appeal under Rule 45 of the
Rules of Court was clearly available to Intec.

SPECIAL CIVIL ACTION in the Supreme Court.


Certiorari.
The facts are stated in the opinion of the Court.
Celso V. Espinosa for petitioners.

PEREZ, J.:
 
For our resolution is this Petition for Certiorari under
Rule 65 of the Rules of Court assailing the Decision1 dated
22 April 2009 and Resolution2 dated 31 July 2009 of the
Court of Appeals in C.A.­G.R. S.P. No. 03471. The
challenged decision reversed the judgment3 of the National
Labor Relations Commission (NLRC) and reinstatement of
the Decision4 of the Labor Arbiter. The Labor Arbiter ruled
that respondent employees were constructively dismissed.
As culled from the records of the case, the following
antecedent facts appear:
Petitioner Intec Cebu, Inc. (Intec) is engaged in the
manufacture and assembly of mechanical system and
printed circuit board for cassette tape recorder, CD and CD
ROM player while the following respondents were hired by
Intec in 1997 and 1998, respectively, as production
workers:

_______________

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 3/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

1  Rollo, pp. 35­45; penned by Associate Justice Amy C. Lazaro­Javier,


with Associate Justices Francisco P. Acosta and Rodil V. Zalameda,
concurring.
2  Id., at p. 76.
3   Id., at pp. 45­49; penned by Commissioner Oscar S. Uy, with
Commissioners Violeta O. Bantug and Aurelio D. Menzon, concurring.
4   Id., at pp. 50­63; presided by Labor Arbiter Jermelina Pasignajen­
Ay­Ad.

 
 

269

VOL. 794, JUNE 22, 2016 269


Intec Cebu, Inc. vs. Court of Appeals

1. Rowena Reyes                     20. Candida I. Crujido


2. Rowena R. Odiong                        21. Claudia B.
Cutamora
3. Hydee P. Ayuda                   22. Rosalie R. Policios
4. Teresita C. Berido               23. Genelyn C. Muñez
5. Cristina S. Labapiz              24. Alome Migue
6. Gemma T. Jumao­as           25. Elsie Alcos
7. Sigmaringa B. Barolo              26. Lydialyn B.
Godinez
8. Ligaya B. Anadon             27. Myrna S. Logaos
9. Donaline dela Torre          28. Jenife Espinosa
10. Joy P. Lomod                    29. Maria Fe Tomo
11. Jacqueline A. Flores         30. Jocelyn Casiban
12. Susan T. Alino                  31. Ailyn Bagyao
13. Analyn P. Aballe               32. Josephine Casino
14. Caroline A. Labatos         33. Pilar Batajoy
15. Lenith F. Romano            34. Juliet Teofilo
16. Leonila B. Flores            35. Cheryl Sugarol
17. Cecilia G. Papellero        36. Rechel Daitol
18. Agnes C. Casio               37. Janette Quidong5
19. Violeta O. Matchete
 
Respondents alleged that in 2005, their working days
were reduced from 6 to 2­4 days. Intec apparently
explained that reduction in working days was due to lack of
job orders. However, respondents discovered that Intec
hired around 188 contractual employees tasked to perform
tasks which respondents were regularly doing. On 17 May
2006, private respondents claimed that they were
effectively terminated from employment as shown in the
Establishment Termination Report6 submitted to the

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 4/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

Department of Labor and Employment (DOLE). Two (2)


days later, respondents filed a complaint for illegal
dismissal.
Intec, for its part, claimed that the company was
established to supply the required materials of Kenwood
Precision Corporation (Kenwood). When Kenwood stopped
its operations in the Philippines, Intec’s business
operations were severely affected, prompting Intec to set up
a new product

_______________

5  Id., at pp. 64­65.


6  Id., at pp. 116­129.

 
 
270

270 SUPREME COURT REPORTS ANNOTATED


Intec Cebu, Inc. vs. Court of Appeals

line exclusively for Pentax Cebu Phils. Corporation


(Pentax). In December 2005, Intec’s job orders from Pentax
declined. On 4 January 2006, a memorandum was issued
informing the employees that the working days would be
reduced to 3­4 days from the normal 6 day­work week. The
reduced work week policy was extended from April to June
2006. A corresponding memorandum was issued and a copy
thereof was submitted to the DOLE.
On 17 May 2007, Labor Arbiter Jermelina Pasignajen
Ay­ad declared that respondents were illegally dismissed
and adjudged Intec and its officials liable for payment of
separation pay and backwages. Labor Arbiter Ay­ad found
that Intec hired casual employees to replace respondents.
As regards the other monetary claims of respondents,
Labor Arbiter Ay­ad ruled that Intec was able to prove, by
presenting copies of the payroll, that private respondents
were properly paid. The dispositive portion of the Labor
Arbiter’s Decision reads:
 
WHEREFORE, judgment is hereby rendered
declaring complainants to have been illegally
(constructively) dismissed from their employment.
Consequently, the respondents INTEC CEBU, INC.,
WATARU SATO AND AKIHIRO KAMBAYASHI,
are hereby directed to PAY jointly and severally the

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 5/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

following complainants of the amounts indicated


opposite their names as appearing in the attached
Computation sheet consisting of two (2) pages, in
concept of separation pay and backwages in the total
amount of SIX MILLION NINE HUNDRED
SIXTY­SEVEN THOUSAND NINE HUNDRED
TWENTY­FOUR PESOS (P6,967,924.00), in cash
or in check payable to NLRC­RAB VII, Cebu City,
through the Cashier of this Arbitration Branch within
ten (10) days from receipt of this Decision.
All other claims are DISMISSED for insufficiency
of evidence and for lack of jurisdiction. The claims
and
 
 

271

VOL. 794, JUNE 22, 2016 271


Intec Cebu, Inc. vs. Court of Appeals

the case against respondents Feliciana Tero and


Cheryl Inso are DISMISSED for lack of merit.7
 
On 14 December 2007, the NLRC set aside the Decision
of the Labor Arbiter and held that Intec suffered
tremendous financial losses which justified the reduction of
working days. The dispositive portion of the decision reads:
 
WHEREFORE, the assailed decision is SET
ASIDE and a new one entered declaring that
complainants were not dismissed either actually or
constructively. Considering, however, all attendant
factors as discussed, respondent Intec Cebu, Inc. is
hereby directed to give all thirty­seven (37)
complainants their respective separation pay based
on one­half­month salary per year of service, or the
grand total amount of ONE MILLION ONE
HUNDRED TWENTY­FIVE THOUSAND SEVEN
HUNDRED THIRTY­FIVE PESOS (P1,125,735.00) as
earlier computed per assailed decision.
Complainants are NOT entitled to backwages.8

Intec elevated the matter to the Court of Appeals. In a


Decision dated 22 April 2009, the Court of Appeals
reversed the NLRC and reinstated the Decision of the
Labor Arbiter with respect to respondents herein. As for
Jenife Espinosa, Maria Fe Tomo, Jocelyn Casiban, Ailyn
http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 6/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

Bagyao, Josephine Casino, Pilar Batajoy, Juliet Teofilo,


Cheryl Sugarol, Rechel Daitol and Janette Quidong, the
case was dismissed for their failure to sign the verification
of certification of non­forum shopping in their petition.
The instant petition is one for certiorari with Intec
attributing grave abuse of discretion on the part of the
Court of Appeals for the following acts:

_______________

7  Id., at p. 62.
8  Id., at p. 48.

 
 

272

272 SUPREME COURT REPORTS ANNOTATED


Intec Cebu, Inc. vs. Court of Appeals

FIRST: BY OVERTURNING ITS OWN


RESOLUTION DISMISSING OUTRIGHT THE
PRIVATE RESPONDENTS’ PETITION FOR
CERTIORARI, AND THEREBY GIVING DUE
COURSE TO THEIR MOTION FOR
RECONSIDERATION, WITH THE MANIFEST
ADVANCE PRONOUNCEMENT THAT THE SAID
MOTION WOULD EVENTUALLY BE GRANTED.
SECOND: BY DISREGARDING THE FACTUAL
FINDINGS OF THE HONORABLE NATIONAL
LABOR RELATIONS COMMISSION, 4TH
DIVISION, CEBU CITY, THAT THE PRIVATE
RESPONDENTS “WERE NOT DISMISSED EITHER
ACTUALLY OR CONSTRUCTIVELY.”
THIRD: BY CAPRICIOUSLY ASSERTING THAT
THE FINANCIAL STATEMENTS OF THE
PETITIONERS ARE SELF­SERVING AND OF
DOUBTFUL VERACITY AS THEY WERE NOT
PREPARED BY AN INDEPENDENT AUDITOR,
WHICH ASSERTION IS IN EFFECT AN ASSAULT
UPON THE INTEGRITY AND HONESTY OF THE
AUDITOR.
FOURTH: BY CIRCUMVENTING THE
DOCTRINE LAID DOWN BY THIS HONORABLE
COURT IN THE CASE OF “JARDINE DAVIS, INC.
v. THE NLRC, ET AL.,” G.R. NO. 26272, JULY 28,
1999, THAT RESORT TO JUDICIAL REVIEW OF

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 7/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

THE DECISION OF THE NLRC BY WAY OF


SPECIAL CIVIL ACTION FOR CERTIORARI
UNDER RULE 65 OF THE RULES OF COURT IS
CONFINED ONLY TO ISSUES OF WANT OF
JURISDICTION AND GRAVE ABUSE OF
DISCRETION ON THE PART OF THE LABOR
TRIBUNAL, BARRING AN INQUIRY AS TO THE
CORRECTNESS OF THE EVALUATION OF
EVIDENCE WHICH HAS THE BASIS OF LABOR
AGENCY IN REACHING A CONCLUSION.
FIFTH: ASSUMING, WITHOUT HOWEVER
ADMITTING, THAT THE PRIVATE
RESPONDENTS ARE ENTITLED TO SEPARATION
PAY AND BACKWAGES, AS DETERMINED BY
THE LABOR ARBITER, THE COMPUTATION OF
BENEFITS RECEIVEABLE — WHICH CONTAINS
GLARING SERIOUS ERROR, IF
 
 

273

VOL. 794, JUNE 22, 2016 273


Intec Cebu, Inc. vs. Court of Appeals

REINSTATED, AS THE COURT OF APPEALS,


18TH DIVISION, WANTED IT TO BE.9
 
Intec claims that the reduction of the number of working
days was undertaken to forestall business losses as proven
by the audited financial statements of Intec for the years
2001­2006. Intec insists that the workers they employed
from TESDA and Sisters of Mary were on­the­job trainees
and they were already employed prior to the
implementation of the reduced working days policy of the
company. Moreover, Intec stresses that these workers were
retained to enable the company to comply with the urgent
off­and­on job orders of Pentax which could not be
accomplished by the regular employees.
Intec reiterates that respondents voluntarily resigned or
abandoned their work when they filed their application for
leave following the issuance of the second memorandum
extending the implementation of the reduced number of
working days. According to Intec, respondents had
categorically declared that they would no longer report for
work.
Respondents urge this Court to affirm the findings of the
Labor Arbiter and the Court of Appeals that they were
http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 8/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

constructively dismissed. Respondents refutes Intec’s claim


that it is suffering from business reverses when it just
hired additional workers from TESDA and Sisters of Mary
despite the fact that respondents were under reduced work
days.
The charge of constructive dismissal is predicated on the
claim that the implementation of the reduced work week is
illegal.
The Court has held that management is free to regulate,
according to its own discretion and judgment, all aspects of
employment, including hiring, work assignments, working
methods, time, place, and manner of work, processes to be
followed, supervision of workers, working regulations,
transfer of employees, work supervision, layoff of workers,
and

_______________

9  Id., at pp. 14­15.

 
 

274

274 SUPREME COURT REPORTS ANNOTATED


Intec Cebu, Inc. vs. Court of Appeals

discipline, dismissal and recall of workers. The exercise


of management prerogative, however, is not absolute as it
must be exercised in good faith and with due regard to the
rights of labor.10
Thus, it was incumbent upon Intec to prove that that the
implementation of the reduced working days is valid and
done in good faith. Intec claims that it implemented a
reduction of work days scheme to forestall its losses.
Two memoranda were allegedly sent to the affected
employees informing them of the reduction of work days.
The first memorandum was dated 4 January 2006 and
submitted to the DOLE only on 9 January 2006. In 2006,
there was no specific rule or guideline covering the
reduction of workdays. It was only in January 2009 where
the DOLE issued Department Advisory No. 2, Series of
2009 which requires the employer to notify DOLE of the
reduction of work days prior to its implementation. If the
reportorial requirement in retrenchment under Article 283
is to be followed, the DOLE should be notified at least one
month prior to the intended date of retrenchment. Be that

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 9/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

as it may, Intec submitted its report after the reduction of


workdays was implemented. Moreover, there is nothing on
the records which show that a second notice was sent to the
employees informing them of the extension of the reduced
work days to June 2006.
Intec presented its financial statements from the years
2001­2006 to prove that the company was suffering from
financial losses owing to the decline of its job orders. The
summary of Intec’s net income/loss for the years 2001­2006
is illustrated below:

_______________

10  Royal Plant Workers Union v. Coca­Cola Bottlers Philippines, Inc.­


Cebu Plant, 709 Phil. 350, 364; 696 SCRA 357, 373 (2013).

 
 

275

VOL. 794, JUNE 22, 2016 275


Intec Cebu, Inc. vs. Court of Appeals

SUMMARY OF INTEC’S NET INCOME (LOSS)


31 APRIL 2001­2006
 
An examination of Intec’s financial statements for 2005­
2006 shows that while Intec suffered a net loss of
P9,240,929.00 in 2005, it earned a net income of
P9,568,674.00 in 2006. The period covered in the financial
statement of 2006 is from May 2005­April 2006. It was only
on the 9th month of operation did Intec decide to carry out
the reduced work day scheme. Note that the reduced work
day scheme was implemented only in January 2006. Unless
evidence is shown by the company that the income for 2006
was earned only between the months of January to April, it
is safe to presume that at the time the reduced work day
scheme was being implemented, the company was still
benefiting from its gains as shown in the numbers for 2006.
Furthermore, the loss incurred in 2005 may be
attributed to the acquisition of property and equipment
amounting to P9,218,967.0012 in 2005. There is also no
indication in the financial statements, much less an
observation made by the independent auditor, that a
reduction in demand would necessitate a reduction in the
employees’ work days.

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 10/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

_______________

11  Rollo, p. 77.
12  Id., at p. 102.

 
 
276

276 SUPREME COURT REPORTS ANNOTATED


Intec Cebu, Inc. vs. Court of Appeals

We cannot give weight to the evidence presented by


Intec to prove the slump in demand. First, the two­page
delivery data are lacking in specifics. The report did not
indicate when it was prepared. Second, the report was
prepared by Intec employees and approved by their
President. Third, the report appeared to be mere
projections because it was not supported by corresponding
sales or delivery receipts. The actual sales may vary from
the projected demand, thus, the report cannot be made as
basis of a slump in demand or a slow­down.
In addition, the hiring of 188 workers, whether they be
trainees or casual employees, necessarily incurred cost to
the company. No proof was submitted that these newly­
hired employees were performing work different from the
regular workers.
In sum, there is no reason to implement a cost­cutting
measure in the form of reducing the employees’ working
days.
Intec committed illegal reduction of work hours.
Constructive dismissal occurs when there is cessation of
work because continued employment is rendered
impossible, unreasonable or unlikely; when there is a
demotion in rank or diminution in pay or both; or when a
clear discrimination, insensibility, or disdain by an
employer becomes unbearable to the employee.13
Intec’s unilateral and arbitrary reduction of the work
day scheme had significantly greatly reduced respondents’
salaries thereby rendering it liable for constructive
dismissal.
There is no merit to Intec’s charge of abandonment
against respondents. To constitute abandonment, there
must be clear proof of deliberate and unjustified intent to
sever the employer­employee relationship. Clearly, the
operative act is still the employee’s ultimate act of putting
an end to his employment. Furthermore, it is a settled
doctrine that the filing of a complaint for illegal dismissal
http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 11/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

is inconsistent with abandonment of employment. An


employee who takes steps to protest his dismissal cannot
logically be said to have abandoned his

_______________

13  McMer Corporation, Inc. v. National Labor Relations Commission,


G.R. No. 193421, 4 June 2014, 725 SCRA 1, 13.

 
 
277

VOL. 794, JUNE 22, 2016 277


Intec Cebu, Inc. vs. Court of Appeals

work. The filing of such complaint is proof enough of his


desire to return to work, thus negating any suggestion of
abandonment.14
We affirm the Court of Appeals’ finding that there is no
proof that respondents committed unauthorized absences
or had otherwise refused to work. The complaint for
constructive dismissal is the best evidence against
abandonment because the filing of a complaint for illegal
dismissal is incompatible to abandonment.
Lastly, we note that Intec availed of the wrong mode of
appeal. For certiorari to prosper, the following requisites
must concur: (1) the writ is directed against a tribunal, a
board or any officer exercising judicial or quasi­judicial
functions; (2) such tribunal, board or officer has acted
without or in excess of jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction; and
(3) there is no appeal or any plain, speedy and adequate
remedy in the ordinary course of law.15
Well­settled is the rule that a petition for certiorari
against a court which has jurisdiction over a case will
prosper only if grave abuse of discretion is manifested. The
burden is on the part of the petitioner to prove not merely
reversible error, but grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the public
respondent issuing the impugned order. Mere abuse of
discretion is not enough; it must be grave. The term grave
abuse of discretion is defined as a capricious and whimsical
exercise of judgment so patent and gross as to amount to
an evasion of a positive duty or a virtual refusal to perform
a duty enjoined by law, as where the power

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 12/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

_______________

14  MZR Industries v. Colambot, 716 Phil. 617, 627­628; 704 SCRA 150,
161 (2013).
15  Dacudao v. Gonzales, 701 Phil. 96, 107; 688 SCRA 109, 119 (2013).

 
 
278

278 SUPREME COURT REPORTS ANNOTATED


Intec Cebu, Inc. vs. Court of Appeals

is exercised in an arbitrary and despotic manner


because of passion or hostility.16
A writ of certiorari will not issue where the remedy of
appeal is available to the aggrieved party.17 In this case,
appeal under Rule 45 of the Rules of Court was clearly
available to Intec.
Finding no grave abuse of discretion in this case, the
certiorari petition should be dismissed.
WHEREFORE, the instant petition is DISMISSED
and the Decision dated 22 April 2009 and Resolution dated
31 July 2009 of the Court of Appeals in C.A.­G.R. S.P. No.
03471 are AFFIRMED.
SO ORDERED.

Velasco, Jr. (Chairperson), Peralta, Reyes and


Jardeleza, JJ., concur.

Petition dismissed, judgment and resolution affirmed.

Notes.—A prayer for reinstatement in a complaint for


illegal dismissal signifies the employee’s desire to continue
his working relation with his employer, and militates
against the latter’s claim of abandonment. (W.M.
Manufacturing, Inc. vs. Dalag, 776 SCRA 258 [2015])
The mere absence or failure to report for work, even
after notice to return, does not necessarily amount to
abandonment. (Tatel vs. JLFP Investigation and Security
Agency, Inc., 777 SCRA 347 [2015])
 
 
——o0o——

_______________

16  Tan v. Antazo, 659 Phil. 400, 404; 644 SCRA 337, 342 (2011).

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 13/14
9/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 794

17  Cathay Pacific Steel Corp. v. Court of Appeals, 531 Phil. 620, 631;
500 SCRA 226, 236 (2006).

© Copyright 2018 Central Book Supply, Inc. All rights reserved.

http://central.com.ph/sfsreader/session/00000165ff6c3a1f40b59526003600fb002c009e/t/?o=False 14/14